Word: clark
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Dates: during 1950-1959
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Justice Tom Clark, the court's lone all-out dissenter to the opinion, said the distinction was certainly too subtle and difficult for him. Clark added acidly: "Certainly if I had been [the judge] at the [California] trial, I would have given the [Medina] charge, not because I consider it any more correct, but simply because it had the stamp of approval of this court. Perhaps this approach is too practical. But I am sure the trial judge realizes now that practicality often pays...
Facts of the Case. That decision made, the Supreme Court thumbed through the evidence of the lower-court trial to decide -like a jury-whether the defendants could be found guilty if the facts 'about "organizing" were excluded. (Although some critics, including dissenting Justice Clark, said the court was invading the province of the jury, the Constitution clearly gives the Supreme Court appellate jurisdiction "both as to Law and Fact"). Result: the court ordered that five of the defendants (including Slim Connelly) must be freed entirely, but that the other nine could be tried again on the sole basis...
...Army colonel, to death in their quarters in Japan. A court-martial convicted Mrs. Covert of the ax murder of her husband, an Air Force master sergeant, in England. Last year the Supreme Court ruled that their military convictions and life sentences for murder were valid, with Justices Tom Clark, Harold Burton, Stanley Reed. Sherman Minton and John Marshall Harlan in the majority, and Chief Justice Earl Warren and Justices Hugo Black and William Douglas in the minority. (Justice Felix Frankfurter reserved his opinion, noting blandly that "wisdom, like good wine, requires maturing...
...decision. Harlan switched sides with the candid admission that time had given him "an opportunity for greater reflection.'' And Frankfurter, his mind finally made up. voted with last week's majority (but. like Harlan, only insofar as it affected capital cases). That left only two-Clark and Burton-where a year before had stood five...
...consequences which the authors of the Constitution could not even imagine." The ten who will examine those consequences: Columbia University's Law Professor Adolph A. Berle Jr., Editor Henry R. Luce, Philosopher Scott Buchanan, University of California's Political Scientist Eugene Burdick, Princeton Historian Eric Goldman, Chancellor Clark Kerr of the University of California, Jesuit Theologian John Courtney Murray, Nobel Physicist Isidor I. Rabi, University of Chicago Anthropologist Robert Redfield, Theologian Reinhold Niebuhr...